The formation of new types of liability in the Russian law

The subject of the study is regularities of the formation of the new types of legal liability in Russian law. In the work, legal liability is considered solely in a negative sense, as an occurrence of certain adverse consequences for the offender which consist in the infringement of their personal or property spheres. The authors aim to justify the branch criterion of differentiation of legal liability, to identify the preconditions of its new (family, financial and environmental) types, to determine their features. The methodological basis of the study is a set of methods of scientific cognition: dialectical, formal logical, formal legal, comparative-legal. The analysis of works in the field of the theory of law about the types of legal liability gives grounds to assert that the basic classification criterion is the "branch of law" one. In this context, particular liability depends directly on the place a branch of law occupies in the system of law, its belonging to the basic, special and integrated sectors. The basis of the generation of new types of legal liability is new social needs which cannot be met through existing legal structures including traditional types of legal liability. In the design of new types of liability specific (deprivation of parental rights in family law) or approved (money penalty in financial law, compensation for harm in environmental law) penalties can be used. The latter may be due to the derivative nature of the considered types of liability. Features of subjective rights (legitimate interests) protected by a certain branch of law dictate the specificity of liability including its objectives, functions and content. Financial liability, in contrast to administrative, focuses not only on the punishment of the offender, but on the restoration of the public financial interests and compensation of state losses as a result of a breach of financial regulations. Family liability is expressed in the deprivation or restriction of non-property rights. Legal regulation of individual cases of family liability needs to be improved. In particular, the scientific doctrine recognizes deprivation of parental rights as a form of family liability. However, legal regulation of this issue is contrary to the purpose and essence of legal liability. The aim in this case is to protect the child's interests. On this basis, the grounds for the deprivation of parental rights should be reconsidered. Consequences of the deprivation of parental rights are often not adverse to unfair parents. Moreover, such parents receive a formal confirmation of the behavior they aspired to. The differentiation of environmental liability and civic liability is based on the idea of protecting public interests. Public interest is the preservation of a favorable environment. Therefore, special provisions are needed to provide restoration of the state of the environment. The conclusions made in the study, without claiming to be comprehensive and exhaustive, can be used as a methodological basis for further scientific research.

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